FRCP 12(b)(6)

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In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that…

Read More Discrimination Claims Properly Dismissed For Failure to Timely File EEOC Charge; Equitable Tolling Not Applied
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In Cowan v. City of Mount Vernon, No. 14-CV-8871 (KMK), 2017 WL 1169667 (S.D.N.Y. Mar. 28, 2017), the court dismissed plaintiff’s sexual harassment claim as insufficiently pled. This decision illustrates the degree of specificity courts look for when evaluating these types of claims on a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. From…

Read More Sexual Harassment Claim Dismissed; Court Cites Lack of Complaint’s Specificity
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In Christensen v. Omnicom Group Inc., No. 16-748, 2017 WL 1130183 (2d Cir. Mar. 27, 2017), the Second Circuit overturned a lower court decision that dismissed (under Federal Rule of Civil Procedure 12(b)(6)) the discrimination claim by plaintiff, an openly gay man, under Title VII of the Civil Rights Act of 1964. In sum, the Second…

Read More Second Circuit Permits Gay Man’s Title VII Discrimination Case to Proceed on Gender Stereotyping Theory
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In Rogers v. Fashion Inst. of Tech. et al, No. 14-CV-6420 (AJN), 2017 WL 1078572 (S.D.N.Y. Mar. 21, 2017), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s (an African American part-time adjunct professor in FIT’s production management department) claims of race discrimination. (This decision follows a prior dismissal and…

Read More FIT Professor’s Race Discrimination Claims Proceed in Part
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In DeVore v. Neighborhood Hous. Servs. of Jamaica Inc. (NHSJ), No. 15-CV-6218 (PKC), 2017 WL 1034787 (E.D.N.Y. Mar. 16, 2017), the court held that plaintiff sufficiently alleged a claim of gender discrimination. From the decision: [T]he Court finds that Plaintiff has sufficiently pled a disparate treatment claim on the basis of gender. Plaintiff alleges that…

Read More Male Employee’s Gender Discrimination (Disparate Treatment) Claim Sufficiently Pled; Survives Motion to Dismiss
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In Bright-Asante v. Saks & Co., Inc., No. 15 CIV. 5876 (ER), 2017 WL 977587 (S.D.N.Y. Mar. 9, 2017) – an employment discrimination case arising from the suspension of an African American sales associate upon suspicion of theft – the court held, inter alia, that: (1) plaintiff’s statutory discrimination claims were not subject to mandatory…

Read More Arbitration of Statutory Discrimination Claims Not Compelled; Constructive Discharge Claim Stated Against Saks; Retaliation and Race Discrimination Claims Dismissed
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In Carris v. First Student, Inc., 15-3350 (2d Cir. March 8, 2017) (summary order), the Second Circuit vacated the dismissal of plaintiff’s Title VII race discrimination claim. The law: To survive a motion to dismiss, a Title VII plaintiff does not have to plead a full prima facie case pursuant to the first stage of…

Read More 2d Circuit Vacates Title VII Race Discrimination Claim Dismissal
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In Downey v. Adloox Inc., No. 16-CV-1689 (JMF), 2017 WL 816141 (S.D.N.Y. Feb. 28, 2017) (J. Furman), the court held that plaintiff – who was directly employed by a wholly-owned domestic subsidiary of a foreign company – sufficiently stated claims of age discrimination under the Age Discrimination in Employment Act and the New York State and…

Read More Age Discrimination Sufficiently Alleged Against Ad Company Adloox, Inc.
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In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian…

Read More State/City Human Rights Law Religion and National Origin Hostile Work Environment Claims Dismissed Against Marriott; Retaliation and Title VII Hostile Work Environment Claims Continue
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The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
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